Ezel / Ethics Opinions / MOLEC

Must a lawyer withdraw from defending a father against a former client in an unrelated child-support case?

Short answer No. Under Rule 4-1.9, the opinion says the lawyer need not voluntarily decline or withdraw, but must tell the father about the possible time and expense of a disqualification challenge.
Bar
MOLEC
Issued
2003

Apply this to your situation

This page answers the general question as of 2003. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2003
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The lawyer defended a father in a child-support modification opposed by a mother whom the lawyer had represented seven years earlier in landlord-tenant and personal-injury cases.

The opinion says Rule 4-1.9 does not require the lawyer to voluntarily decline or withdraw. It also requires telling the father that a disqualification attempt by the opposing party could cost time and money.

In practice

The opinion permits the current defense despite the former unrelated matters and requires notice to the current client about a possible disqualification fight.

Common questions

Q: Must the lawyer voluntarily withdraw?

A: No. The opinion says Rule 4-1.9 does not require that on the stated facts.

Q: What must the father be told?

A: A disqualification challenge by the mother could cost time and money.

Background and rules framework

The opinion applies Rule 4-1.9 to the lawyer’s former representation of the opposing parent in unrelated cases.

Citations and references

Missouri Rules of Professional Conduct:

  • Rule 4-1.9

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney has been retained to defend Father in a motion to modify for increased child support. Approximately seven years ago, Attorney represented Mother on two cases. One case was a landlord-tenant proceeding and the other was a personal injury case. Mother objects to Attorney representing Father. May Attorney represent Father?

ANSWER: Under Rule 4–1.9, Attorney is not required to voluntarily decline the representation or withdraw. Attorney must inform Father of the possibility that it will cost time and money to litigate, if the opposing party seeks disqualification of Attorney.

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